[precaryous]

How do I find out if t's in my state are required by law to carry malpractice insurance?

The T (psychiatrist) who exploited me in California did not have malpractice insurance. I learned he was not required to.

We have to keep insurance on our property or to drive- in the event we accidentally hurt someone. T's see patient after patient and have many opportunities to hurt people, by accident or on purpose....but are not required by law to carry malpractice insurance. It's not right.

[Petra5ed]

I'm not sure if it's required in my state but my understanding was that most of the complaints against T's were for sexual boundary violations, however there is no insurance that will cover you from criminal charges. Since there's no insurance available to cover a sex with a client lawsuit, not sure what good insurance is at all.

[Lauliza]

No one in my state will employ a T if they don't carry malpractice insurance. I don't know if it's legally required technically, but you can't even do an internship without it.

I'm surprised a psychiatrist, a medical doctor, would not carry malpractice insurance. Sexual exploitation is a huge factor of malpractice in therapy. They can't hurt you physically but can emotionally so they can be sued for causing emotional distress. I don't don't think sex between a T and client is illegal in every state but if it is in California then yeah, I don't think the malpractice insurance will be of any help in that case.

I thought the insurance was for the benefit of the T or pdoc. Can't you still file charges or even a civil lawsuit whether they are insured or not?

[OneWorld]

The insurance is just for the practitioner. You can still sue, they just don't have insurance to help them out.

Sent from my iPhone using Tapatalk

[precaryous]

Originally Posted by Lauliza

No one in my state will employ a T if they don't carry malpractice insurance. I don't know if it's legally required technically, but you can't even do an internship without it.

I'm surprised a psychiatrist, a medical doctor, would not carry malpractice insurance. Sexual exploitation is a huge factor of malpractice in therapy. They can't hurt you physically but can emotionally so they can be sued for causing emotional distress. I don't don't think sex between a T and client is illegal in every state but if it is in California then yeah, I don't think the malpractice insurance will be of any help in that case.

I thought the insurance was for the benefit of the T or pdoc. Can't you still file charges or even a civil lawsuit whether they are insured or not?

Sex between psychiatrist and patient is a felony in California. I pressed criminal charges but California would not prosecute due to lack of evidence, even though I was the second of seven to come forward. I filed civil and medical board charges. I even reported it to Medicare and Medi-cal. Civil case went on for more than two years but turns out he did not have malpractice insurance. He put all his assets in his mother in law's name, then he filed bankruptcy.

I am dumbfounded that therapists are not required to carry malpractice insurance. Yes, if you are connected to a hospital or University they require you to carry it. But therapists in private practice are not required to have it. Even if, ethically, the profession would like you to have it...there is no recourse if they decide not to.

Approximately 7 states require Medical Doctors to have liability insurance. In fact, lots of doctors choose to take their chances. Most hospitals require their doctors to have this insurance. As for the title of psychotherapist which is a protected title in most, if not all the US. I am willing to bet that very few states require psychotherapist to protect themselves.
Lack of malpractice insurance should not stop anyone from filing a law suit - finding a lawyer to take the case might be difficult - psychotherapist and MD's personal property, future income, etc can be part of the win package.

I don't believe sexual abuse would be excluded from any of this as others have said, though it is poor consultation for such an egregious act.

In the UK all psychotherapist are required to have liability insurance.

I guess my question is, ""Is it ever proper to ask a psychotherapist or a Medical Doctor if they carry malpractice insurance?

I have siblings insured for $750,000, $1,000,000 respectively to protect themselves from employees, etc, and they work for other people. Remember, Bill Clinton had insurance before he became president to protect himself from frivolous law suits - or not.

[Perna]

The California booklet on what to do is very good: Professional Therapy Never Includes Sex - California Department of Consumer Affairs

[junkDNA]

Originally Posted by Petra5ed

I'm not sure if it's required in my state but my understanding was that most of the complaints against T's were for sexual boundary violations, however there is no insurance that will cover you from criminal charges. Since there's no insurance available to cover a sex with a client lawsuit, not sure what good insurance is at all.

i sued my former T for a sexual relationship and his insurance paid the settlement. some of the malpractice insurances have a clause that they will not cover sex with a client. former Ts insurance had this clause. they basically paid me to shut up